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NY A09448

Bill

Status

Introduced

3/14/2024

Primary Sponsor

Fred Thiele

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Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Restricts access to court records in mental hygiene law proceedings (Article 81) to parties, their attorneys, guardians, court evaluators, and court examiners unless the court orders otherwise.

  • Removes the previous requirement that courts issue a written "good cause" finding to seal records, replacing it with automatic confidentiality protections for all court filings.

  • Clarifies that "court records" include all documents and records filed with the clerk, while documents obtained through disclosure but not filed remain subject to existing protective orders.

  • Maintains the right of allegedly incapacitated persons to request exclusion of specific persons or the general public from hearings, but removes their ability to request record sealing specifically.

  • Applies immediately to all past, present, and future Article 81 proceedings, with county clerks required to limit access to prior proceedings to the extent readily identifiable.

Legislative Description

Provides that court records in a proceeding under articles 77, 78 and 81 of the mental hygiene law shall not be perused, examined, disclosed, taken or copied by any other person than a party, the attorney or counsel of a party, the guardian, the court evaluator or the court examiner except by order of the court.

Last Action

referred to judiciary

3/14/2024

Committee Referrals

Judiciary3/14/2024

Full Bill Text

No bill text available